Can I get this case dismissed by statute of limitations expired?
I'm being sued for a fender Bender that happened may 2010. The police were called but no accident report was filed because there was no damage or anything to report. 2 years later their insurance company is trying to Sue me for $11000 personal injury. I'm almost certain that I didn't cause this personal injury but I didn't have insurance at the time. What is the statute of limitation on this?
5 attorney answers
Refer to Virginia Va. Code Ann. § 8.01-228 et seq. The stature of limitations is 2 years for injury claims. If they have a lawyer and they filed a lawsuit, then the statute does not matter any more.
I agree, if the lawsuit is filed within 2 years, they have 1 year to serve you with the lawsuit.
Do you have insurance coverage?
Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.
Report the matter to your insurance carrier at the time, if you, indeed had coverage. If not, you should contact a local attorney to review the matter. Don't fool around with trying to handle yourself.
If the statute expired, they cannot sue you. Have an attorney investigate the dates to make sure that the statute did expire. Are you sure that they are not suing for property damages?
The response to this question is not intended as legal advice and does not create an attorney/client relationship. Mr. Seifeldein has responded based on the limited information provided by the inquirer in this forum. There is a Statute of Limitations applicable in every case and Mr. seifeldein strongly advises that the inquirer seek legal counsel immediately for a complete evaluation of the matter.
It would be past the SOL, but simply report to your insurance company to resolve.
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